The Take it Down Act: How a Texas Teen's Story Changed Federal Law

The intersection of technology and privacy has created unprecedented challenges in our digital age. Among these, the proliferation of non-consensual intimate images—both real and AI-generated—has become a devastating issue affecting thousands of Americans, particularly young women and teenage girls. On a recent episode of Voices for VoicesⓇ, Senator Ted Cruz joined host Justin Alan Hayes to discuss the groundbreaking Take it Down Act, which has transformed from a legislative proposal into federal law with far-reaching implications for victims of digital exploitation.

The genesis of this legislation comes from a heartbreaking story that Senator Cruz shared during the interview. Elliston Berry, a 15-year-old high school freshman from Aledo, Texas, woke up one morning to discover that AI-generated deepfake nude images falsely depicting her had been circulated throughout her school. The emotional trauma was immeasurable—imagine being a teenage girl facing your entire peer group believing they've seen intimate images of you. What made this situation even more devastating was the complete lack of legal recourse. Because these were artificially generated images rather than actual photographs, they fell outside existing child pornography laws, leaving Elliston and her mother Anna with no path to justice or removal of the harmful content.

This legislative gap prompted Senator Cruz to draft the Take it Down Act, which accomplishes two critical objectives. First, it criminalizes the sharing of non-consensual intimate images, whether real or AI-generated deepfakes, making it a federal felony. Second, and perhaps most empowering for victims, it establishes a legal framework that requires tech platforms to remove such content within 48 hours of notification. The mechanism leverages existing "notice and takedown" procedures already familiar to tech companies through the Digital Millennium Copyright Act, creating an efficient path for victims to reclaim their digital dignity without requiring the intervention of powerful officials.

The bipartisan nature of this legislation represents a rare moment of unity in today's polarized political landscape. Senator Cruz partnered with Democratic Senator Amy Klobuchar to draft and introduce the bill, which passed unanimously in the Senate with a 100-0 vote. Despite initial challenges in moving the legislation through the House, a significant breakthrough came when First Lady Melania Trump took personal interest in the cause. Her involvement, including hosting a roundtable with victims and securing commitments from House leadership, proved instrumental in advancing the bill to President Trump's desk. In a historic Rose Garden ceremony, both the President and First Lady signed the document—likely the only bill in American history to bear the signature of a First Lady alongside the President's.

Beyond the political achievement, the Take it Down Act represents something far more meaningful—it gives power back to victims who previously felt powerless. It acknowledges the real harm caused by digital exploitation and creates concrete mechanisms for redress. For anyone who discovers non-consensual intimate images of themselves online, the process is now straightforward: contact the platform, notify them of the unauthorized content, and they must remove it within 48 hours or face legal consequences. This empowerment is what Senator Cruz described as "giving people the ability to take their lives back"—a fundamental right in our increasingly digital world.

The story of the Take it Down Act illustrates how personal suffering can catalyze meaningful change when amplified by dedicated advocates. From Elliston Berry's courageous decision to speak out to Senator Cruz's legislative action to First Lady Melania Trump's advocacy, this law emerged from a coalition determined to protect dignity in the digital age. As technology continues to advance, this legislation provides a crucial foundation for balancing innovation with fundamental human rights to privacy and consent.

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Senator Ted Cruz Protects Victims of Deepfake Abuse & Voice of the Year Award Recipient | Ep 316
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Chapter Markers

0:00 Introduction to Voices for VoicesⓇ

1:30 Meeting Senator Ted Cruz

2:24 The Problem of Non-consensual Images

4:04 Elliston's Story and Creating the Act

7:23 Bipartisan Support and First Lady's Role

11:06 How to Use the Take it Down Law

12:35 Voice of the Year Award Presentation

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#TedCruz #VoiceOfTheYear #2025 #DeepfakeAbuse #VictimProtection #DigitalSafety #TechEthics #MediaLiteracy #CyberecurityAwareness #PoliticalLeadership #SocialJusticeAdvocacy #OnlineHarassmentPrevention #InnovationInPolicy #EmpowerVictims #LegislativeAction #TechnologyAndSociety #justiceforsurvivors #justice4survivors #VoicesforVoices #VoicesforVoicesPodcast #JustinAlanHayes #JustinHayes #help3billion #TikTok #Instagram #truth #VoiceForChange #HealingTogether #VoicesForVoices316

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